- (1.) Heard Sri Arun Kumar, learned counsel for the appellants-Committee of Management, Sri Nisheeth Yadav, learned counsel for the respondent no.2 namely the District Basic Education Officer, Varanasi, the learned Standing Counsel for the respondent nos. 1 & 3 and Sri Amit Kumar Srivastava for the respondent no.4. This is an intra-court appeal against the judgment of a learned Single Judge.
(2.) The dispute lies in a very short compass relating to the dismissal of the 4th respondent Satish Chandra who was working as a watchman (chaukidar) in Kabir Balika Vidyalaya which is a Junior High School and the services of the 4th respondent are undisputedly governed by the provision of U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group-D Employees) Rules 1984. The termination of service of a Clerk or a Group-D employee of a recognized school under Rule 21 cannot take place except without the prior approval in writing of the District Basic Education Officer. Rule 21 is extracted hereinunder:- 21. Termination of service. - No clerk or Group 'D' employee of a recognised school may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments or served with notice of termination of service except with the prior approval in writing of the District Basic Education Officer : Provided that, in the case of schools established and administered by minority referred to in clause (i) of the Article 30 of the Constitution, such an order shall not require the approval of District Basic Education Officer but shall be reported to him."
(3.) In the instant case, the appellant committee contends that the procedure prescribed for holding an enquiry was followed and one of the basic and primary charges against the respondent no.4 was of unauthorized absence w.e.f. 09th of June, 2010. According to the management, a charge-sheet was served and the enquiry was held whereafter the services of the respondent no.4 were dispensed with.;